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2017 (10) TMI 699

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..... ER The above application is filed by the appellant seeking restoration of the appeal which was disposed on 28.10.2016. 2. On behalf of the appellant, Shri KS. Jain appeared in person and argued the matter. He submitted that though it is stated in the impugned Final Order that the case was adjourned several times that appellant had not sought any adjournment of the matter. He could not appear for .....

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..... nsidered on merits. 3. The learned AR Shri K.P. Muralidharan opposed the application. He adverted to paras 8, 9 and 11 of the impugned order and submitted that the appellant had availed excess credit for the years 2004  05 and reversed the same only in July / August 2008. The credit wrongly availed has been utilized by the appellant and the appellant is therefore liable to pay interest there .....

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..... Tribunal has considered the issue in the appeal and has dismissed the appeal on merits. I have heard the appellant on merits also. The appellant has no case that they have not utilized the excess credit which was wrongly availed by them. When the appellant has voluntarily reversed the credit, they ought to have reversed with interest. Once the appellant has come to know of the irregular excess cre .....

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